Archive for February 4th, 2010

Tougher Bankruptcy Laws Take Effect October 2005
In just a few short weeks, President Bush?s Bankruptcy Abuse Prevention and Consumer Protection Act will take effect. In a nutshell, the new law, which goes into effect on October 17, 2005, makes it more difficult to cancel your debts under Chapter 7 Bankruptcy protection. Instead, consumers will find themselves having to file for Chapter 13 Bankruptcy protection and paying back their creditors over a five year period. Here?s a look into some of the major changes that will affect consumers choosing to file for bankruptcy after the new law goes into effect - Qualifying - Chapter 7 or Chapter 13? To be able to qualify for protection under Chapter 7 bankruptcy, consumers will have to face a means test. The means test determines if your household falls above or below the median income in the state where you reside. Those whose total is greater than the state median income will not qualify to cancel debts under Chapter 7 protection and will alternately have to file under Chapter 13 and pay back your creditors. The major intent of bankruptcy reform is to require people, who can afford to make some payments towards their debt, to make these payments, while still affording them the right to have the rest of their debt erased. The amount you have to pay back under Chapter 13 protection will be greater because instead of a 3-year pay back period, that time frame is now extended to five years - to ensure your creditors get paid. Credit Counseling Anyone filing for bankruptcy under the new law will be required to go through mandatory credit counseling. Be careful before choosing a credit counselor as this field is filled with people looking to line their pockets while emptying yours. To find a trustworthy counselor, check to see if there are any complaints against them or their organization filed with your local Better Business Bureau. Secondly, find out if they are certified by the National Foundation of Credit Counselors or the Association of Independent Consumer Credit Counseling Agencies. Finally, find out if they have not-for-profit status. Personally I recommend Consumer Credit Counseling Services as they meet all three of the above criteria. They can be reached at 1-800-888-2227 and can connect you with a local office. The Cost Factor Filing for Chapter 7 protection under the old laws normally cost under $1,000. You should expect to pay more under the new laws as filing fees have been increased by $60. Additionally, your attorney will be required to double check all your financial information which will take more of his or her time. Also there is greater liability imposed on the lawyer which may cause their liability insurance to increase, which gets passed on to their clients in the form of higher fees. Under the new law, many are expecting fees to increase between 25-50%. Why Were the Laws Changed? The bottom line is that major commercial creditors lobbied hard for reform. Companies like CitiBank, MBNA, and other credit card issuers actively contributed proposed amendments along with generous financial support to reforming the bankruptcy laws - and in their favor, according to many consumer protection groups. ? 2005, http://www.yourfreecreditreportnow.com James is editor of "TO YOUR CREDIT", a free weekly newsletter with tips to help you manage your personal finances. Subscribe today and receive his ebook ?IDENTITY THEFT- How To Avoid Becoming the Next Victim!? and other free bonuses by visiting <a href="http://www.yourfreecreditreportnow.com" target="_blank">http://www.yourfreecreditreportnow.com</a>.
Source: www.ArticlePros.com

How Does Chapter 7 Bankruptcy Affect Credit
It amazes me every time I hear someone with high debt ponder the effect of bankruptcy on a credit report What good is A-1 credit if you are drowning in debt? It is nothing more than a total denial of the debt situation For example, since the credit rating is good, some believe that the debt load is under control However, those persons are not looking at the big picture Debt is still debt despite a good credit rating or credit score In fact, someone carrying high debt is less likely to receive future credit than one who clears the table and starts over Eventually, the one who starts over is better off . .It is true that a Chapter 7 bankruptcy filing stays on a credit report for ten years However, that person can receive future credit long before that ten year period has expired In fact, credit can be obtained within six months to two years after filing bankruptcy I have received feedback from hundreds of prior chapter seven filers who were receiving credit solicitations before their case had even gone to discharge Although those recent offers were likely bad deals, the offers still were made As more time passes from the filing until the attempt at credit, the better the credit offer will be It also factors on whether the person has good income and no negative credit since their bankruptcy filing To think that one would not have an offer of credit for ten years is simply wrong .
Source: www.rsstnx.com

Filing for Bankruptcy in California
There are many reasons to file bankruptcy — large medical bills, loss of a job, unsecured debt, etc. These debts can get very large, very quickly if not properly managed. Nationwide, courts are seeing sizable increases in the number of people filing for bankruptcy protection. And not surprisingly, bankruptcy filings have increase the most in states that have experienced foreclosures due to defaulted loans. Filing for bankruptcy is not something you should do on your own, as you likely are unaware of bankruptcy laws. It’s very important to find a lawyer who is experienced and has a track record of success. Save yourself the headache and let a skilled, experienced attorney help you. The Sexton Law Firm (http://www. jamessextonlaw.com), a California bankruptcy firm, has provided suggestions on how go about filing: A bankruptcy lawyer’s main job is to review your personal information and help you determine the best course of action to take. They will advise you on what kind of bankruptcy you can file and ensure you get the best possible outcome. When you meet with your bankruptcy lawyer, be sure you are prepared. 1. Ask what kind of bankruptcy you should file for. Chapter seven requires you to use non-exempt assets to pay off your creditors, this can be extremely detrimental. Chapter eleven and thirteen, do not require this, but are much harder to qualify for and more expensive to file for. 2. Ask how to go about filing for bankruptcy. There is a lot of paperwork to file, so be sure you have it checked by your attorney, as they will be able to direct you on everything you need to fill out. 3. Educate yourself on the fees you will have to pay for filing. They differ depending on the kind of bankruptcy you are filing for. Following these steps will help you achieve a thorough understanding of the process. The Sexton Law Firm offers free consultations and never charges to speak with an attorney. Get experience you can trust. Speak with an attorney at the Sexton Law Firm today about your bankruptcy case and get the information you need.The Sexton Law Firm proudly serves the San Diego area. Get your questions answered by an experienced and knowledgeable California attorney. To speak with a local attorney for free, contact The Sexton Law Firm to set up an appointment. Phone: 619-476-9436 Fax: 619-476-9258 http://www.jamessextonlaw.com
Source: www.ArticlePros.com